Many victims believe that if they’re injured, they’re secured in filing for an injury case. But this statement can’t be any further from the truth. Sustaining an injury does not necessarily mean that you can take legal action.
There are several reasons why simply having an injury doesn’t automatically qualify you to have a personal injury case. In this blog article, we’ll explain to you some reasons why injuries don’t necessarily constitute a case and why you may need an attorney to determine if you can take legal action.
The severity of your injuries is a huge factor
When someone is involved in an accident, whether it’s a car crash, slip-and-fall, or an on-the-job incident, injuries may occur. Some of the most common injuries are:
- Soft tissue injuries: These are injuries to the muscles, tendons, and ligaments. They are typically associated with whiplash and other sudden impacts. While they can be painful, they may not appear right away and can even be detected days or weeks later.
- Broken bones: Broken bones can be caused by direct trauma or impact, and can range in severity from hairline fractures to compound fractures where the bone pierces through the skin. These injuries can require extensive medical treatment, including surgery and physical therapy, and can result in significant time off work or reduced mobility.
- Head injuries: From concussions to traumatic brain injuries, head injuries are caused by blunt force trauma or sudden impacts. These injuries can be difficult to diagnose and can result in long-term complications, including cognitive impairment, memory loss, and chronic pain.
- Spinal cord injuries: Spinal cord injuries can be caused by severe trauma to the back or neck and can result in partial or complete paralysis. These injuries can be devastating and may require ongoing medical care and rehabilitation.
When determining whether someone has a legal case for an accident, the severity of the injury is often a crucial factor. Generally, if the injury is minor and only requires minimal medical treatment, it may be difficult to make a case. However, if the injury is severe and requires extensive medical treatment such as surgery, hospitalization, or long-term rehabilitation, there may be stronger grounds to pursue legal action.
If you sustain an injury and are unsure of its severity, consult with a trusted attorney who can point you to reputable medical professionals for a thorough examination. At the Nick Schnyder Law Firm, we can assist you with this process and provide you with an assessment to see whether you have a viable case.
Liability must be proven
We’ve seen people come to us saying they got injured by a negligent party and believe that is enough reason to take legal action. But the truth of the matter is liability must be taken into account, proving the injured party’s injuries were indeed caused by another party. This can be accomplished by establishing the following:
- Negligence: There must be proof that the other party had a duty to keep others safe and they breached their responsibility, resulting in the injured party being harmed.
- Strict liability: In product liability cases, the injured party does not need to prove negligence. Instead, it must show that the product or activity did come with a defect or a lack of instructions and that the manufacturer is liable for releasing defective products to the public.
- Intentional acts: In some cases, liability can be established if the responsible party is proven to have intentionally caused harm to another person.
Having a personal injury attorney on your side can help you prove liability for your injuries. By doing so, there is proof of you having a case, and you can take legal action to get compensated for your injuries.
Other factors that may impact having a case
Failing to prove liability or sustaining only minor injuries may mean that you don’t have a personal injury case. However, there are two other factors that can also impact a case: statute of limitations and comparative fault.
First, it’s important to know that Georgia has a two-year statute of limitations for personal injury cases. In other words, as soon as you find a lawyer, they can start working on your case and ensure your case’s deadlines are being met. If you wait too long to take legal action, even if you continue to be injured, you may no longer have a case.
Additionally, comparative fault is another factor to consider. In Georgia, personal injury cases follow an at-fault rule which stipulates if the injured person was less than 50 percent at fault for their injuries, they can pursue compensation for their damages. In other words, the victim’s own actions are taken into account to determine whether they were negligent and whether doing so contributed to their injuries.
Therefore, if you get injured, get in touch with a personal injury attorney right away. Not only will this help you meet the statute of limitations, but an attorney can also evaluate your case for any issues related to comparative fault.
If you’re not sure if you have a case, call Nick Schnyder
It is crucial to consult with a personal injury attorney if you get injured. At the Nick Schnyder Law Firm, we provide free consultations to determine if you have a case and offer guidance on the appropriate steps to get compensated for damages such as medical expenses, lost wages, property damage, and pain and suffering.
We fight for personal injury, auto accidents, and workers’ compensation cases. Allow us to go the distance for your compensation. Contact us to schedule your free consultation.[/vc_column_text][/vc_column][/vc_row]
